Defamation and 1st Amendment Considerations
Balancing Freedom of Speech with Defamation
Written by Jason Gordon
Updated at April 4th, 2023
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How does the 1st Amendment Affect Defamation Law?
Defamation laws have the effect of limiting free speech. Because of this, there is a limit on defamation laws. There is no prior restraint of speech. That is, one is free to make defamatory statements. These laws, however, allow an individual to recover for the harm suffered because of a defamatory communication.
Next Article: Fraud Return to: TORT LAW
How does defamation apply to celebrities or public figures?
Special rules apply to the defamation of celebrities and public figures and defamation by the news media.
The media is not liable for the defamatory untruths they print unless the plaintiff can prove the untruths were published with malice (evil intent that is the deliberate intent to injure) or with reckless disregard for the truth.
Likewise, for a celebrity or public figure to recover for defamation, she must demonstrate that the defendant defamed her with malice or with reckless disregard for the truth.
Discussion Question
Do you believe that defamation laws violate the 1st Amendment? Why or why not? How should the rights of individuals against defamation be balanced against individual freedom of speech? Do the higher standards for defamation against celebrities, public figures, and the media effectively balance those rights? Why or why not?
Practice Question
Donald is running for political office. He routinely says things about his opponents that are not true. Many of the statements are very offensive and attack the opponent's personal character. Under what conditions could Donald be liable for his statements?
- The 1st Amendment provides everyone the right to freedom of speech. However one cannot exercise this freedom if in so doing they will be hurting the reputation and character of any other person. A person is not protected under the 1st Amendment if the statement they publish is untrue and aimed at maliciously tainting the reputation of the public figure or celebrity. Where the statement is untrue, malicious and intended at ruining the reputation of the victim, then the publisher of the statement is guilty of committing defamation. In the example from the practice question, Donald could be guilty of committing defamation.
Related Topics
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages
